Franklin Township Chester County
City Zoning Code
City Zoning Code
PART 25
NATURAL RESOURCE PROTECTION
§ 27-2501 Purpose and Authority.
[Ord. 95-07, 12/14/1995, § 2404; as amended by Ord. 2001-06, 12/20/2001, § I; by Ord. 2002-02, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts and are specifically authorized by § 604 of the Pennsylvania Municipalities Code, 53 P.S. § 10604. These standards are intended to meet the following purposes:
A.
Promote and implement §§ 603(c)(7), 603(g)(2), 604(1), and 604(3) of the Pennsylvania Municipalities Code, 53 P.S. §§ 603(c)(7), 10603(g)(2), 10604(1), and 10604(3), providing for the protection and preservation of environmentally sensitive areas, prime agricultural land, and natural resources through municipal zoning ordinances.
B.
Define and delineate selected natural resources within the Township and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment.
C.
Conserve, protect, and preserve valuable natural resources within the Township in accordance with the following goals and objectives of the Franklin Township Comprehensive Plan (2006) and the Franklin Township Open Space and Recreation Plan (1992), as amended:
(1)
Environment and Open Space Goals and Objectives. Identify, protect and conserve environmental features, including groundwater recharge areas, within the Township. Maintain the quality of life while minimizing impacts to the natural environment in accordance with Article 1, § 27 of the Constitution of the Commonwealth of Pennsylvania. Remediate any environmental disturbances to the maximum extent feasible.
(a)
Specify criteria for environmental site analysis to be performed for any development.
(b)
Promote the conservation of stream valleys, floodplains, and wetlands. Adopt a "no net loss" wetlands policy which supplements state and federal regulations.
(c)
Outline ordinance provisions requiring a buffer area between development and environmentally sensitive streams, wetlands and floodplains.
(d)
Outline ordinance provisions which minimize the disturbance of steep slopes, require mitigation for development of steep slopes or prohibit development of steep slopes under certain conditions. Enforce and enhance Township regulations governing all sources of soil erosion.
(e)
Develop recommendations to protect groundwater supplies from depletion. Encourage sewage and stormwater systems using best available technology to recharge the water table without contamination.
(f)
Encourage the maintenance, enhancement, and expansion of woodland and hedgerow areas. Outline ordinance provisions which would prohibit unnecessary removal of trees or vegetative cover, require tree replacement under certain circumstances, and require tree protection during construction, and encourage reforestation along waterways.
(g)
Preserve natural resources to enhance water quality, air quality, and quality of life.
(h)
Encourage the protection, restoration and management of wildlife habitat.
(i)
Provide for wildlife corridors to help maintain biodiversity and maintain large areas where wildlife habitat is protected.
(j)
Utilize best management practices (BMPs) for stormwater management.
(k)
Consider geologic features such as faults, fractures, and fracture traces in construction projects.
(l)
Maintain the cleanest water standard possible through prohibiting stream discharge, repairing riparian buffers, and maximizing stream setbacks.
(m)
Focus on the regional aspects of hydrological resources including the White Clay, Elk Creek and Christina River watersheds, headwater areas, and aquifers relative to water quality and water quantity.
(2)
Agriculture Goals and Objectives. Preserve agricultural lands of the Township. Promote sustainable agricultural uses of prime agricultural soils within the Township.
D.
Implement the local land use management recommendations of the White Clay Creek Wild and Scenic Rivers Study Management Plan (1993) and the White Clay Creek and its Tributaries Watershed Management Plan (2001) for the White Clay National Wild and Scenic River, recognized as an "outstandingly remarkable watershed resource."
E.
Protect the water quality of Big Elk Creek and its tributaries from degradation consistent with its designation as a high-quality special protection water under Pennsylvania Department of Environmental Protection rules.
§ 27-2502 Applicability and General Provisions.
[Ord. 95-07, 12/14/1995, § 2404; as amended by Ord. 2001-06, 12/20/2001, § I; by Ord. 2002-02, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this Part prior to the submission, review, and approval of:
A.
Application for zoning or building permits.
B.
Conditional use or special exception approvals.
C.
Zoning variances.
D.
Submission of plans for subdivision or land development.
(1)
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this Part and other applicable chapter provisions.
(2)
Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.
2.
In the event that the provisions of this Part and the provisions of other applicable Township ordinance standards are in conflict, the more restrictive provisions shall apply.
3.
In the event that two or more natural resource areas identified in this Part overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.
4.
Plan information required by § 27-2504 shall be verified as correct by the Township Engineer or other qualified professional as determined by the Township Engineer.
5.
Diagrams are for illustrative purposes only and the text shall prevail.
6.
Part 25 does not apply to normal agricultural operations that are subject to and governed by state laws and regulatory programs that impose requirements to protect environmental and natural resources; however, an agricultural operation proposing land development must provide proof to the Township of any and all permits and plans required under those programs, including, as applicable, a manure management plan, a nutrient management plan, or a mushroom farm environmental management plan.
[Added by Ord. 2016-02, 4/20/2016]
§ 27-2503 Protection Standards.
[Ord. 95-07, 12/14/1995, § 2404; as amended by Ord. 2001-06, 12/20/2001, § I; by Ord. 2002-02, 2/21/2002, § I; by Ord. 2008-04, 11/19/2008, § 1; and by Ord. 2013-04, 12/18/2013, §§ 20, 21]
1.
2.
3.
Wetlands.
A.
Resource Protection Standards.
(1)
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. The applicant shall concurrently provide to the Township a copy of the application and any other wetlands information submitted to DEP and the U.S. Army Corps of Engineers.
(2)
Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.
B.
Delineation. The applicant shall delineate the limits of wetlands on the site in accordance with § 27-2504, Subsection 1. In addition, the following information shall be provided:
(1)
A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.
(2)
Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.
(3)
The wetland report shall include a determination of whether wetlands are present or not present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.
4.
Wetland Margins.
A.
Resource Protection Standards.
(1)
Except as noted below, no more than 20% of a wetland margin shall be regraded, filled, built upon, or otherwise altered or disturbed.
(2)
The following uses or activities shall be permitted in the wetland margin and shall not be counted towards the 20% disturbance allowance:
(a)
Regulated activities permitted by the commonwealth, i.e., permitted stream or wetland crossing, maximum disturbance permitted: 5%, which shall count towards the 20% disturbance allowance.
(b)
Provision for unpaved trail access.
(c)
Selective removal of hazardous or invasive vegetative species.
(d)
Vegetation management in accordance with an approved landscape plan or open space management plan.
(e)
A soil or stream conservation project approved by the Chester County Conservation District.
(3)
Timber harvesting shall only be permitted within the 20% disturbance allowance and shall be restricted to selective cutting. Clear-cutting or grubbing of trees is prohibited within the wetland margin. Permitted timber harvesting shall be undertaken in accordance with a timber harvesting plan consistent with the requirements of Subsection 6.
5.
Watercourses/Riparian Buffers.
A.
Resource Protection Standards.
(1)
Zone One Riparian Buffer.
(a)
Except as noted below, no woodland disturbance or other land disturbance shall be permitted within the Zone One Riparian Buffer.
(b)
The following uses and activities shall be permitted within the Zone One Riparian Buffer:
1)
Regulated activities permitted by the commonwealth.
2)
Provision for unpaved trail access.
3)
Selective removal of hazardous or invasive alien vegetative species.
4)
Vegetation management in accordance with an approved landscape plan or open space management plan.
5)
A soil or stream conservation project, including reforestation and stream bank stabilization, approved by the Chester County Conservation District.
(2)
Zone Two Riparian Buffer.
(a)
Except as noted below, no more than 20% of a Zone Two Riparian Buffer shall be regraded, built upon, or otherwise altered or disturbed.
(b)
Those activities permitted in the Zone One Riparian Buffer shall be permitted in the Zone Two Riparian Buffer, except that regulated activities permitted by the commonwealth shall not be counted towards the 20% disturbance limitation.
[Amended by A.O.]
(c)
In no case shall the total riparian buffer width be reduced to less than 75 feet in width, measured from the top of each stream bank.
(d)
Where the buffer is reduced to less than the 100-foot width, the following measures shall be provided:
1)
Conservation design techniques that minimize the amount of stormwater generated and maximize the use of pervious areas for infiltration of rainfall and stormwater.
2)
Comprehensive stormwater management practices, i.e., promote infiltration, reduce impervious surface, achieve post-development "meadow condition" hydrologic characteristics, remove pollutants from stormwater prior to release, protect stable stream channel, reduce runoff rates, protect wetlands and floodplains, etc., to ensure that post-development conditions are consistent with the natural characteristics of the receiving stream, including stormwater quality BMPs (best management practices).
(e)
Other BMPs such as level spreaders, meadow grass filter strips, or similar techniques to disperse overland flow prior to entering the protected buffer area where the width of the buffer is less than 100 feet.
(3)
Where a subdivision or land development is proposed where there is no established vegetated or wooded buffer (such as in areas previously cultivated for agriculture) a 100-foot riparian buffer shall be established and maintained in accordance with the following guidelines:
(a)
Forested and unforested vegetation shall be established through natural succession. Selective planting shall be incorporated on sites devoid of vegetation to stimulate native species and discourage invasive species.
(b)
Plant selection and planting shall be consistent with Chester County Conservation District, DEP or USDA riparian forested buffer guidelines. The applicant is encouraged to involve local volunteer groups in the buffer planting.
(4)
Timber harvesting shall only be permitted within the 20% disturbance allowance of the Zone Two Riparian Buffer and shall be restricted to selective cutting. Clear-cutting or grubbing of trees is prohibited within all riparian buffers. Permitted timber harvesting shall be undertaken in accordance with a timber harvesting plan consistent with the requirements of § 27-2503, Subsection 6.
6.
Woodlands, Hedgerows, and Specimen Vegetation.
A.
Resource Protection Standards.
(1)
Specimen vegetation shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s); where permitted, removal of specimen vegetation shall be minimized. These restrictions shall also apply to species of special concern sites.
(2)
Disturbance Allowance for Woodlands and Hedgerows.
(a)
Unless undertaken as an approved timber harvesting operation conducted in compliance with the required timber harvesting plan, no more than 35% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed for residential uses and no more than 50% of woodlands shall be regraded, cleared, built upon or otherwise altered or disturbed for nonresidential uses. In no case shall the combined total of residential and nonresidential tree removal exceed 50%.
(b)
Guidelines for Determining Permitted Woodland Disturbance. In determining where permitted woodland disturbance shall occur in the context of any subdivision or land development, the applicant shall consider the following factors:
1)
The applicant shall consider the location(s) and benefit of conservation of healthy mature woodland stands.
2)
Each building or structure shall be constructed in such a manner as to provide the least alteration or disturbance necessary to the existing woodland. Where possible, clear-cutting shall be minimized and trees shall be selectively removed.
3)
Where possible, the remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area.
(c)
Protection of Woodlands to Remain on Site. In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, remaining trees shall be protected from damage. In order to prevent injury to those trees or other vegetation which have been designated for protection, a tree protection zone shall be established where such vegetation is to be retained. Woodlands, hedgerows, individual trees and other vegetation that are to remain on the site shall be identified within the tree protection zone and protected in accordance with the following provisions:
1)
Where existing trees are to remain, no change in existing grade shall be permitted within the Tree Protection Zone. Prior to construction, appropriate protective fencing four feet in height shall be installed around the boundaries of the tree protection zone of trees to remain, wherever adjacent to proposed construction. The fencing along the zone shall be maintained until all construction and other work has been completed. Roots shall not be cut within the Tree Protection Zone.
2)
Grade changes and excavations shall not encroach upon the tree protection zone.
3)
Trees being removed from the site shall not be felled, pushed, or pulled into a tree protection zone.
4)
No toxic materials shall be stored within 100 feet of a tree protection zone, including petroleum-based and -derived products.
5)
The area within the tree protection zone shall not be built upon, nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked in the tree protection zone.
6)
Sediment, retention, and detention basins shall not be located within the tree protection zone.
B.
Delineation. The applicant shall delineate or identify the limits of woodlands, hedgerows, specimen vegetation, or species of special concern on the site in accordance with § 27-2504, Subsection 1. Where vegetation on the site is to be preserved, they shall be clearly delineated on the plan as areas to be protected.
§ 27-2504 Application of Natural Resource Protection Standards.
[Ord. 95-07, 12/14/1995, § 2404; as amended by Ord. 2001-06, 12/20/2001, § I; by Ord. 2002-02, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
Plan Information and Delineation of Protected Resources.
A.
To ensure compliance with the natural resource protection standards of this Part, the following information shall be submitted by the applicant when applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated.
(1)
A site plan which identifies the limits of each of the natural resources on the site, including areas of woodlands or other vegetation to be preserved, and the proposed use of the site including any existing or proposed structures.
(2)
The limits of all anticipated encroachments and disturbances necessary to establish the proposed use on the site, including a conceptual or preliminary grading plan showing existing and proposed contours.
(3)
The minimum buildable area(s) and areas reserved for on-lot sewage systems, as described in Subsection 2 below.
(4)
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the plan as indicated in the following table. The figures in Column D (Proposed Disturbance) shall be less than or equal to the corresponding figures in Column C (Maximum Amount of Permitted Disturbance) for each protected resource.
B.
In those cases where only a limited amount of the site or tract will be subject to disturbance, i.e., 1,000 square feet or less, the Zoning Officer may determine the area of land required to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site with the plan information.
Site Disturbance Calculations | |||||
|---|---|---|---|---|---|
A | B | C | D | ||
Protected Resource | Amount of Land in Protected Resource1 (square feet) | Maximum Disturbance Allowance2 | Maximum Amount of Permitted Disturbance (square feet) | Proposed Disturbance of Resource (square feet) | |
Floodplain | 0% | ||||
Steep slopes | |||||
Low-Intensity Slope District | 30% | ||||
Severely Steep Slope District | 15%3 | ||||
Wetlands | 0% | ||||
Wetland margins | 20% | ||||
Riparian Buffer | 20% | ||||
Zone 1 Buffer | 20% | ||||
Zone 2 Buffer | 0% | ||||
Woodlands | |||||
Residential uses | 35% | ||||
Nonresidential uses | 50% | ||||
NOTES: | |
|---|---|
1 | Where resources overlap, the overlapping area should be included under the more restrictive resource category, i.e., where woodlands overlap with wetlands, include the area of overlap in the wetlands category. |
2 | Disturbance allowances may be modified where federal or state permits have been obtained by the applicant and provided to the Township. |
3 | Up to 15% disturbance may be permitted only for specific uses as outlined in Part 14, SS Steep Slope Overlay District. |
2.
Minimum Buildable Envelope.
A.
Purpose. The identification of a minimum buildable envelope serves to ensure that sufficient area is provided for the general location of the building, driveway, patio, on-lot sewage facilities (where applicable) and other necessary improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter.
B.
Building Envelope Delineation. The applicant shall delineate on the plan a contiguous buildable area, free of protected resources, sufficient in size to accommodate proposed site improvements, land disturbance necessary to implement such improvements, and which complies with the maximum resource disturbance allowance of this Part and other applicable codes and ordinances.
C.
On-Lot Sewage Facilities Delineation. For uses with individual on-lot sewage systems, a 2,000 square foot or larger area, in addition to the minimum buildable area specified in Subsection 2 above, shall be identified. Where required by § 22-722, Subsection 11D, of Chapter 22, Subdivision and Land Development, a 2,000-square-foot reserve or replacement area shall also be identified. Such area(s) shall not include the portion of those environmentally sensitive areas that may not be developed or intruded upon as specified in § 27-2503.
3.
Continued Protection of Identified Natural Resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:
A.
Protected Resource Areas on Individual Lots.
(1)
For resource protected areas on individual lots, restrictions meeting Township specifications shall be placed in deeds for each site or lot that has resource protection areas within its boundaries. Such deed restrictions shall also be clearly stated on the approved final plan.
(2)
Deeds shall clearly state that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.
(3)
Other mechanisms for ensuring the continued protection of identified resources, such as conservation easements, may also be considered and used if approved by the Township.
B.
Protected Resource Areas Held in Common.
(1)
For resource protected areas held in common, the open space maintenance provisions and ownership options of § 27-1611, Open Space Design, shall apply.
(2)
In addition to the provisions of § 27-1611, restrictions meeting Township specifications shall be placed on the natural area to be held in common.
(3)
The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protected areas in accordance with the provisions of this chapter. In addition, restrictions on protected areas shall be included in the development's declaration of covenants, easements, or restrictions or similar documents regulating the use of property and setting forth methods for maintaining open space. A copy of such documents shall be provided to the Township.